In the Northwest Territories, there is no formal legislation on teen dating violence. Teen dating violence is also not mentioned in the Protection Against Family Violence Act.
Teen dating violence may fall under the Child and Family Services Act and the Education Act. Other forms of relief may be available under the Employment Standards Act and the Residential Tenancies Act. The Northwest Territories does not currently have legislation specific to intimate image distribution.
Across Canada, the only targeted and uniform protection against the acts that can comprise teen dating violence – such as physical violence, sexual violence, and stalking behaviours – is found in the Criminal Code. For youth, Criminal Code offenses are administered under the Youth Criminal Justice Act. The Youth Criminal Justice Act applies to youth ages 12-17. Since these are federal laws, they apply to the Northwest Territories.
What Protective Actions Can Be Taken When a Teen is Experiencing Dating Violence?
In the Northwest Territories, there are three types of potential orders that may be used if an individual fears for their safety: (1) emergency protection orders, (2) restraining orders, and (3) peace bonds. Federally, individuals living on First Nations reserves can also apply for an emergency protection order. Each of these are described below, including likely eligibility for minors experiencing teen dating violence.
What is it?
- Protection orders are issued when family violence has happened, and there is a need for protection of the victim, as well as potentially other family members who live with the victim.
Who is eligible?
- Minors experiencing teen dating violence likely cannot apply for an Emergency Protection Order under the Northwest Territories’ Protection Against Family Violence Act.
- This is because, unless the youth are living together or have a child in common, dating relationships among minors would not meet the definition of family member as stated in the Act. The Act defines family members as:
- A spouse or former spouse;
- A person who lives with, or who has lived with, the person in an intimate or family relationship;
- People who have a child together; or,
- A parent or grandparent.
- This is because, unless the youth are living together or have a child in common, dating relationships among minors would not meet the definition of family member as stated in the Act. The Act defines family members as:
What is it?
- Restraining orders can prevent a person from molesting, annoying, or harassing the applicant or any children in the applicant’s custody. They can also prevent someone from communicating with the applicant or their children.
Who is eligible?
- Minors experiencing teen dating violence likely cannot apply for a Restraining Order under the Northwest Territories’ Children’s Law Act.
- This is because, unless the youth are living together or have a child in common, dating relationships among minors would not meet the definition for an applicant as stated in the Act. The Act defines eligible applicants as:
- Persons who are or who have cohabitated with the victim, or who are the parent (or claim to be the parent) of a child in the victim’s lawful custody.
- This is because, unless the youth are living together or have a child in common, dating relationships among minors would not meet the definition for an applicant as stated in the Act. The Act defines eligible applicants as:
What is it?
- A peace bond (also known as a Section 810 order) is an order from a criminal court that requires a person to keep the peace and be on good behaviour for a period of time (up to one year).
- Peace bonds are issued if someone seems likely to commit a criminal offense, but the offense hasn’t actually been committed.
- Peace bonds are not intended for emergency situations, as they can take several weeks to months to obtain (though it is possible that a temporary order can be granted in the interim).
Who is eligible?
- Under the Criminal Code, anyone (including a minor ages 12 and up) can apply to a justice for a peace bond if they have reasonable grounds to fear that another person will cause personal injury to them or will knowingly publish, distribute, transmit, sell, or make available an intimate image of a person without their consent.
- Information on the Peace Bond may need to be served to the person that the Peace Bond is about.
What else should I know?
- The Youth Criminal Justice Act grants Justices of the Peace the authority to make orders under the Criminal Coderegarding a young person. Therefore, it is not necessary to seek a peace bond from a criminal court when you are a minor. For information on where to find a court with Justices of the Peace in your area, connect with the NWT Shelter Network 24/7 at 1-866-223-7775.
- Individuals can begin the process of obtaining a peace bond by going to their local court. A person called the court clerk will then provide an application form for the individual to complete. In the application form, the individual can describe their concerns, including why they fear that another person may harm them, a family member, or their property. This can include concerns that someone may share an intimate image or video of them without their consent.
- After completing the application form, the court will usually schedule a hearing, and the person the order is about will be notified of the application and provided with a summons. A summons is a formal court order requiring this person to attend court for a hearing. At the hearing, a Justice of the Peace will review the evidence and determine whether to issue a peace bond and, if so, what conditions should be included. The court clerk will then provide further details on the service of the application and next steps.
- You can go to the police or RCMP to assist you in getting a peace bond, but this is not required. You are able to apply directly to a Justice of the Peace through a local court. You are also not required to have a lawyer, though you are allowed to have one if you want.
- A Justice of the Peace or the court can ask the accused person to enter into a “recognizance”, which means that the accused would have to sign an order the promises that they will keep the peace and be of good behaviour for up to 12 months.
- A copy of the peace bond is forwarded to national RCMP headquarters, and a record of the peace bond is entered into the Canadian Police Information Centre (CPIC) database. This allows police across Canada to access the information if the individual who the order is about moves to another province or territory.
What is it?
- Emergency protection orders are issued when violence has happened, and there is a need for protection of the victim and/or their property.
Who is eligible?
- Minors living on a First Nation Reserve likely cannot apply for an emergency protection order under the Family Homes on Reserves and Matrimonial Interests or Rights Act.
- This Act only provides emergency protection orders to legally married or common-law partners who are living on a First Nation Reserve.
What else should I know?
- If the youth is in a marriage or common-law relationship and is living on a First Nation Reserve, then the youth can apply for an emergency protection order under this Act at a Family Court.
- If an emergency protection order is granted, the abusive partner can be ordered to leave the family home on the Reserve for a maximum of 90 days or longer, depending on the judge’s decision.
Other Potential Rights in Cases of Teen Dating Violence
- If a tenant (including minors), or the child of a tenant, has been the victim of family violence, a tenant may apply to a rental officer for termination of a tenancy agreement under the Residential Tenancies Act. However, this Act uses the same definition of family violence as the Protection Against Family Violence Act, and so dating relationships where there is not a child in common or the partners are not living together are unlikely to meet eligibility criteria.
- To obtain this relief, the tenant needs to provide a copy of an emergency protection order, restraining order, or peace bond.
- Minors who are employed can apply for up to 10 days of leave (5 paid) and up to 15 weeks of leave per year to seeking medical help or legal assistance for purposes related to family violence under the Employment Standards Act. However, this Act uses the same definition of family violence as the Protection Against Family Violence Act, and so dating relationships where there is not a child in common or the partners are not living together are unlikely to meet the eligibility criteria.
- To obtain this leave, the youth must have been employed by the same employer for at least 30 days for unpaid leave and 90 days for paid leave. Youth also need to give the employer as much notice as is reasonable in the circumstances.
Responsibilities of Adults who Witness or Suspect Dating Violence
- Under the Child and Family Services Act, any person in the Northwest Territories (including parents, caregivers, family members, teachers, and other adults) who reasonably believes that a child under age 16 is in need of intervention has a responsibility to report it to a Child Protection Worker. If a Child Protection Worker is not available, they must report to a peace officer or an authorized person. They cannot delegate the duty to report to another person.
- As it pertains to teen dating violence, this may be the case if the parent/guardian of the child is unable or unwilling to protect the child from physical, sexual or emotional (including but not limited to severe anxiety, depression, withdrawal, self-destructive behaviour, or aggressive behaviour towards others) harm, or sexual exploitation, or the substantial risk of such harm(s). Reporting is also required for children under 12 years of age, if the child has killed or seriously injured another person or has caused injury to others.
- If an adult believes that a child’s guardian is unable or unwilling to protect their child from these kinds of injury or abuse, they must report this information. If you are unsure, you can connect with your local child protection office for consultation.
- Failure to report these types of child endangerment may result in being found guilty of an offence. The punishment for this offence is a maximum fine of $5,000 and/or imprisonment for a maximum of 6 months.
- The Northwest Territories’ Education Act does not specifically mention teen dating violence. However, teachers and school administrators have a duty to ensure the safety of students.
- This act does define bullying. Bullying is defined as behaviour that causes harm, fear or distress to another individual, including behaviour that causes physical, psychological, social or academic harm to another student, their reputation and/or their property by physical, verbal, electronic, written or other means. These prohibited actions may be broad enough to cover behaviours related to teen dating violence (e.g., conduct which harms the physical or psychological well-being of another student).
- As part of the Education Act, the Safe Schools Regulations require all schools in the Northwest Territories to establish Safe and Caring School Committees that develop safe school plans to address bullying. These plans include guidelines on how teachers can report incidents of bullying.
- If a teacher feels that an instance of teen dating violence meets the definition of bullying, they are required to report this behaviour. How a teacher can report this behaviour may depend on the policies of an individual school’s safe school plan.


